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Comment: Re: which is fine light reading, but not a referen (Score 1) 22

by jamesmusik (#47761713) Attached to: Free Law Casebook Project Starts With IP Coursebook
No book is ever "certified" by any court. Only statutes, regulations, and case law have any binding effect on courts. Some treatises are so authoritative that they are cited and considered highly persuasive. But there are no (or at least very few) case books that are treated this way. That's simply not what case books are for. They are for teaching in law school. They mostly consist of cases with some commentary and questions or problems for discussion.

Comment: Re:irrelevant (Score 1) 291

by jamesmusik (#42168953) Attached to: Should Inventions Be Automatically Owned By Your Employer?
The CA Labor Code involves only "an invention that the employee developed entirely on his or her own time without using the employer's equipment, supplies, facilities, or trade secret information." The article linked in the post is talking about an invention-for-hire doctrine that only covers inventions made within the scope of employment. So, I'm not sure how situations like the one covered by CA law are relevant. The point remains, it is not necessary to create such a doctrine, because employers, as a general rule, require employees to sign an assignment agreement that covers inventions made at work using work equipment.

Comment: Re:First paragraph fail. That said, I'll RTROTFA (Score 1) 39

by jamesmusik (#41626437) Attached to: Court Finds In Favor of Libraries In Google Books Affair
Yeah, the court was ruling on several motions at once. The defendants' motion for summary judgment (which argued the use was fair) was granted, and the plaintiffs' motion for summary judgment was denied. That means the entire case is over at the trial court level. The standing part of the case was limited to a small subset of the issues.

Comment: Re:Publish or perish (Score 2, Interesting) 123

by jamesmusik (#41528871) Attached to: Misconduct, Not Error, Is the Main Cause of Scientific Retractions
Journals don't only publish papers reporting "positive results," whatever that may be. Even if your study comes out a way you didn't expect, if you did it right, you should still be able to get it published. There's something beyond publish or perish that is at work here.

Comment: Re:It's not Entrapment. (Score 5, Informative) 573

by jamesmusik (#39864135) Attached to: NY Times: 'FBI Foils Its Own Terrorist Plots'
It took a constitutional amendment to ban liquor, because the Supreme Court at the time did not interpret the Commerce Clause as expansively. After Wickard v. Fillmore, banning liquor or drugs would be perfectly within Congress' powers. The fact that Congress delegated some power to the DEA is perfectly in line with a number of precedents on agency powers.

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